Section 99-2-103 - Level III construction projects new development(a) Except as otherwise specifically provided, each Level III new development construction project identified in this section shall be subject to the following general conditions: (i) Each sponsor shall offer security for the project loan as deemed adequate and acceptable to the attorney general;(ii) The commission shall establish repayment schedules for project loans in accordance with the conditions prescribed in this section;(iii) Each sponsor shall establish a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;(iv) Each sponsor shall supervise design and construction of the project and submit all requests for payment to the commission for approval;(v) Sponsors shall not make construction funding commitments until after the commission has reviewed and approved construction budgets and construction plans;(vi) The commission shall make payments directly to the sponsors;(vii) The sponsor shall be responsible for operation and maintenance of the project;(viii) The sponsor is responsible for all project expenditures in excess of the total project budget;(ix) If the commission determines that any sponsor has, without good cause, abandoned completion of the project, that sponsor, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure;(x) Principal and interest payments made in repayment of loans shall be deposited in water development account I;(xi) There shall be no lease, sale, assignment or transfer of ownership of water from the project for purposes other than the designated project purpose without prior written approval of the commission and the state engineer or board of control. If such a transaction is approved, the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project shall be utilized to retire principal on the project loan. After that loan is paid in full, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project grant;(xii) There shall be no lease, sale, assignment or transfer of ownership of any project until the project loan is paid in full, and until prior written approval is obtained from the commission. If these conditions are met, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project grant. Before the sponsor may lease, sell, assign or transfer ownership of the project, the state of Wyoming shall be given a one (1) year first right of refusal option to purchase the sponsor's interest in the project for an amount equal to the principal, interest, maintenance and replacement costs incurred by the sponsor at the date the option is exercised;(xiii) After the project loan is paid in full, the sponsor may purchase the position of the state of Wyoming, as described in paragraphs (xi) and (xii) of this subsection, for the amount of the project grant plus the interest that would have accrued on the grant amount in the water development account from the date the project was substantially completed as defined by the commission. The interest that would have accrued on the grant amount shall be established by the state auditor;(xiv) Any revenues generated by the state from the lease, sale, assignment or transfer of ownership of any project or project water shall be deposited in water development account I. Source notes for subsection (a): (Laws 1991, ch. 231, § 3a.)
(b) Project - Airport Bench Water Supply:(i) Project sponsor: Airport Bench Water and Sewer District;(ii) Project purpose: Domestic water supply;(iii) Project description: Transmission pipeline, storage facility, booster station, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Four hundred fifty thousand dollars ($450,000.00);(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed eighteen thousand dollars ($18,000.00) or four percent (4%) of the actual development costs, whichever is less, for a term of thirty-five (35) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred seven thousand dollars ($207,000.00) or forty-six percent (46%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission two hundred twenty-five thousand dollars ($225,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 1995;(viii) Special conditions: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (b): (Laws 1991, ch. 231, § 3b.)
(c) Project-Big Horn Rural Water Supply:(i) Project sponsor: Northwest Rural Water District:(ii) Project purpose: Rural domestic water supply;(iii) Project description: Transmission pipelines, connections to the Shoshone municipal pipeline, pump stations, storage facilities, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Eleven million four hundred ten thousand dollars ($11,410,000.00);(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three million seven hundred sixty-five thousand three hundred dollars ($3,765,300.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of forty (40) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed seven million six hundred forty-four thousand seven hundred dollars ($7,644,700.00) or sixtyseven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission eleven million four hundred ten thousand dollars ($11,410,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 1999. Source notes for subsection (c): (Laws 1991, ch. 231, § 3c; 1995, ch. 206, § 6; 1996, ch. 59, § 7; 1997, ch. 45, § 6.)
(d) Project - Bridger Valley Pipeline:(i) Project sponsor: Bridger Valley Joint Powers Board;(ii) Project purpose: Municipal and rural domestic water supply;(iii) Project description: Transmission pipeline, intake structure, outlet structure, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Six hundred twenty-five thousand dollars ($625,000.00);(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred six thousand two hundred fifty dollars ($206,250.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of twenty-five (25) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed four hundred eighteen thousand seven hundred fifty dollars ($418,750.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission six hundred twenty-five thousand dollars ($625,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 1994. Source notes for subsection (d): (Laws 1991, ch. 231, § 3d.)
(e) [Project - Glendo Water Supply] Source notes for subsection (e): (Laws 1991, ch. 231, § 3e; Repealed by Laws 1992, ch. 28, § 7b.)
(f) Project - Hulett Water Supply: (i) Project sponsor: Town of Hulett;(ii) Project purpose: Municipal water supply;(iii) Project description: Pump station, transmission pipeline, connection to the existing system, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Two hundred fifty thousand dollars ($250,000.00);(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed eighty-two thousand five hundred dollars ($82,500.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred sixty-seven thousand five hundred dollars ($167,500.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission two hundred fifty thousand dollars ($250,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 1995;(viii) Special conditions: (A) An amount not to exceed fifty thousand dollars ($50,000.00) or thirty-three percent (33%) of the actual construction costs of the groundwater well completed during the Level II study, whichever is less, shall be added to the loan amount provided in paragraph (v) of this subsection;(B) Payment of interest and principal and accrual of interest on the loan shall be deferred until one (1) year after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining nineteen (19) years of the term. Source notes for subsection (f): (Laws 1991, ch. 231, § 3f.)
(g) Project - Pinedale Water Supply: (i) Project sponsor: Town of Pinedale;(ii) Project purpose: Municipal and rural domestic water supply;(iii) Project description: A transmission pipeline, connections to the existing system, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Three hundred twenty thousand dollars ($320,000.00);(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred five thousand six hundred dollars ($105,600.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred fourteen thousand four hundred dollars ($214,400.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission three hundred twenty thousand dollars ($320,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 1994. Source notes for subsection (g): (Laws 1991, ch. 231, § 3g.)
(h) Project-Upton Water Supply:(i) Project sponsor: Town of Upton;(ii) Project purpose: Municipal water supply;(iii) Project description: Improvements to the sponsor's water supply system as approved by the commission;(iv) Total project budget: Three hundred sixty-five thousand dollars ($365,000.00);(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred twenty thousand four hundred fifty dollars ($120,450.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of ten (10) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred forty-four thousand five hundred fifty dollars ($244,550.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission three hundred sixty-five thousand dollars ($365,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 1996.(viii) Repealed by 1992 Wyoming Session Laws, Chapter 28, Section 5. Source notes for subsection (h):